Article IV

Hearing Transcripts·
BEFORE THE ENVIRONMENTAL PROTECTION AGENCY

IN RE,

Ohio Administrative Rules

3745-15-01, 3745-15-02,

and 3745-15-04 to

3745-15-09

PRO C E E DIN G S

Before Mary McCarron, Mike Ahern, and Bob

Hodanbosi, taken before Amy P. Mayer, a Certified

Merit Reporter, Certified Realtime Reporter and Notary

Public in and for the State of Ohio, at the offices of

the EPA, 50 West Town Street, Columbus, Ohio,

commencing on Monday, January 8, 2007, at 2:00 p.m.

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Newark, Ohio

(740) 345-855&

Main Office

8036 Smoke Road

Pataskala, Ohio 43062

(740) 927-3338

(800) 852-61 &3

Fax (740) 927-343&

e-mail: FraleyCooper@earthlink.net

Columbus, Ohio

(614) 228-0018
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Monday Afternoon Session

January 8, 2007

2:00p.m.

MS. MCCARRON: We are going to go ahead and

get started. My name is Mary McCarron. I'm Public

Involvement Manager with Ohio EPA's Public Interest

Center. I'll be presiding over the hearing today.

Thank you for taking the time to attend this

hearing before Ohio EPA. The purpose of the hearing

today is to accept comments on the official record

regarding Ohio EPA's proposed revisions to Ohio

Administrative Code Rules 3745-15-01, 3745-15-02, and

3745-15-04 through 09. These rules establish the

general provisions of air pollution sources located in

the State of Ohio.

The rule review is performed primarily to

satisfy the requirements of Section 119.03 (2) of the

Ohio Revised Code and the five year rule review. Ohio

EPA is planning on withdrawing these rules from JCARR

to allow for additional time to consider the comments

we will be receiving today and have received throughout

the comment period.

After additional consideration of the

comments, the agency will refile the rules with the

Joint Committee on Agency Rule Review. As a courtesy,

FRALEY, COOPER & ASSOCIATES

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1 Ohio EPA will conduct another hearing prior to when

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2 these proposed revisions are refiled.

3 Ohio EPA published a pUblic notice to

4 announce the hearing and pUblic comment period on the

5 Register of Ohio, which is the publication of the Ohio

6 Legislative service Commission providing public notice

7 of state agency rule making under Ohio Revised Code

8 Chapter 119. A pUblic notice was also issued in Ohio

9 EPA's Weekly Review, which is a publication that lists

10 by county all agency activities and actions taking

11 place in the State of Ohio.

12 All interested persons are entitled to attend

13 or be represented and to present oral testimony and/or

14 written comments concerning the proposed amendments.

15 All written and oral comments received as part of the

16 official record will be considered by the director of

17 Ohio EPA before a final decision is made.

18 To be included in the official record,

19 written comments must be received by Ohio EPA by the

20 close of business February 8th, 2007. These comments

21 may be filed with me today or E mailed to

22 Mike.Ahern@EPA.state.oh.us. Mike's E-mail address is

23 also on the fax sheet that was at the registration

24 table.

25 All written comments submitted for the record

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receive the same consideration as oral testimony given

here today. Written statements submitted after the

close of the comment period may be considered as time

and circumstances permit, but would not be included as

part of the official record for this hearing.

If you wish to present oral testimony at the

hearing today and have not already filled out a blue

card, please do so at this time and return it to me or

an Ohio EPA representative at the registration table.

There is no cross-examination of the speakers

or representatives of Ohio EPA in public hearings such

as this. Ohio EPA hearings afford citizens the

opportunity to provide comments on the official record.

Therefore, we won't be able to answer any questions

during the hearing. However, members of the panel may

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ask clarifying questions of people sUbmitting testimony

to ensure the record is as complete and accurate as

possible.

Before we begin reading names, I just wanted

to reemphasize the time limit of five minutes. If I

call your name and you don't wish to testify, you can

go ahead and say "pass." If I miss your name, at the

end of the hearing, we will take testimony at that

time, as well. We will probably -- we might take a

break an hour in to the hearing, but if you do need to

FRALEY, COOPER & ASSOCIATES

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1 get up, get out of the room -- I know it's hot -- feel

2 free to do so at any time. Just try to be as quiet as

3 possible when you do do that.

4 Bathrooms are over by the elevators how you

5 came in, and there's vending machines, also, in the

6 break room area.

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7 UNIDENTIFIED MAN: This testimony, is this

8 you say we can only comment on the rule changes?

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MS. MCCARRON: That's right.

UNIDENTIFIED MAN: It's going to sound like a

11 broken record.

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MS. MCCARRON: It might.

UNIDENTIFIED MAN: Everybody's going to say

14 the same thing.

15 MS. MCCARRON: And they have the right to say

16 that if you want. But if you have heard a comment that

17 is very similar to yours, you can just say we've

18 already heard the comment I planned on saying and then

19 pass on your turn.

20 This is the last question because we need to

21 get started at the hearing.

22 UNIDENTIFIED MAN: Do you have a lecturn?

23 Because it might be hard to hold the microphone and

24 trying to -- would be difficult.

25 MS. MCCARRON: No, we do not.

FRALEYI COOPER & ASSOCIATES

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2 sit?

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UNIDENTIFIED MAN: Do you want us to stand,

MS. MCCARRON: You can stand or sit at the

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4 table, use the microphone, but make sure you're

5 directing your comments as closely to the court

6 reporter as possible to see lips and everything like

7 that.

8 All right. We'll go ahead and get started.

9 The first person requesting to speak today is

10 representative Allan Sayre. If you'd like, you can sit

11 in this seat. I will move my stuff over. If you can,

12 state your name and spell it for the court reporter.

13 MR. SAYRE: Allan Sayre, A-L-L-A-N,

14 S-A-Y-R-E. Thank you for allowing me to testify today.

15 I am State Representative Allan Sayre from the 96th

16 House District. My district is comprised of all of

17 Harrison County, the western two-thirds of Belmont

18 County, and all of Tuscarawas County with the exception

19 of five townships running along the eastern border.

20 I am personally attending and testifying at

21 today's hearing to express my strong opposition to the

22 proposed revisions to the Ohio's EPA's rules governing

23 air pollution odor nuisances. If these rules are

24 revised as proposed, I believe the goals and intent of

25 the Ohio General Assembly for the Ohio EPA would not be

FRALEYI COOPER &: ASSOCIATES

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1 met.

2 Specifically, ORC 3704.02 in part states,

3 "protect and enhance the quality of·the state's air

4 resources so as to protect the public health, welfare,

5 economic vitality, and productive capacity of the

6 people of the state."

7 I believe the Ohio EPA should not diminish

8 its obligation to protect the welfare of the residents

9 of Ohio. I believe that Countywide Landfill located in

10 Stark County just north of my district has become the

11 most notorious odor nuisance in Ohio history. I

12 believe when the Ohio -- when the EPA was formed in

13 October of 1972, it was their intent to protect the

14 residents of Ohio. If this rule revision passes,

15 citizens of Ohio will suffer the consequences.

16 Again, thank you for allowing me the time to

17 present my testimony on this important matter.

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18 MS. MCCARRON: Thank you, sir. The next

19 person wishing to testify -~ and just to let you know,

20 we are starting to set up a microphone stand, but that

21 will take a few minutes. Bob Anstine. If you can

22 state your name and spell it for the court reporter and

23 proceed with your testimony.

24 MR. ANSTINE: My name is Bob Anstine. Pike

25 Township trustee. And I'd like to read a statement

FRALEY, COOPER &: ASSOCIATES

(800) 852-6163 (614) 228-0018 (740) 345-8556
1 here. The Board of Trustees of Pike Township and Stark

2 County is saddled with one of the most diffiqult public

3 nuisance problems in the history of Ohio landfill

4 provisions. The pervasive and persistent foul odors

5 that are created by and emanate from the operations of

6 Countywide Landfill have severely and adversely

7 affected the welfare and quality of life nat only in

8 Pike Township residents, but of residents within a

9 10-mile radius throughout Stark and Tuscarawas

10 Counties.

11 For the Ohio EPA to abandon its statutory

12 authority to regulate, fine or sanction companies and

13 individuals that generate odors that are not just

14 threats to public health, safety and welfare, but that

15 interfere with the comfortable enjoyment of life or

16 property, is a disservice to the citizens of Ohio.

17 By adopting a policy of refusing to exercise

18 jurisdiction over odor complaints that affect and

19 comfortably -- and comfortable enjoyment of life or

20 property will open a Pandora'S box of tremendous

21 nuisance odor concerns with no clear state or local

22 political subdivision having authority to address or

23 enforce an appropriate remedy.

24 The authority of township trustees to rely

25 upon a county health department or local zoning codes

FRALEY, COOPER « ASSOCIATES

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1 is simply not enough. It is only through the weight

2 and authority of the EPA keeping its jurisdiction and

3 the ability to create fair remedies and to fine or

4 sanction mid- and large-sized corporate violators that

5 these types of nuisance odor conditions can be

6 eliminated.

7 The Pike Township Board of Trustees implores

8 the ohio EPA to not change .or abdicate its regulatory

9 and enforcement authority over these types of nuisance

10 odor problems.

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11 I got a little more here to say. We have a

12 lot -- had a lot of people in the area and of Pike

13 Township that has done a lot of work and went to

14 countless meetings trying to explore a solution. In

15 closing, I'm just trying to say we need you because we

16 have more bite you have more bite than a local

17 government can offer. Please don't abandon us. Thank

18 you.

19 MS. MCCARRON, Thank you. We do have the

20 microphone stand set up now, so if you'd like to step

21 to the microphone or you can use the handheld, as well.

22 Larry Ackerman.

23 MR. ACKERMAN, A-C-K-E-R-M-A-N. I pretty

24 much just went to underscore what these two other

25 fellows have said. I live outside of Boliver. I'm

FRALEY, COOPER & ASSOCIATES

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1 probably less than a half a mile from Countywide

2 Landfill. Now, if the EPA -- if they weaken the

3 wording in this proposal or these rules, I really don't

4 think they understand what's going to happen. I mean,

5 they should str~ngthen these rules to protect the

6 people that live in the community, landowners or

7 whatnot.

8 Because just as an example, two years ago, I

9 tried to sell my home. My wife and I wanted to

10 downsize, move in to town. People come out and they

11 look at our home, beautiful home, and they look over

12 there to the east of my home and they see this

13 mountain. They says, what is that? I says, well,

14 that's the local landfill. She says, oh, she says,

15 does it ever smell? I says, only when the wind blows

16 this way.

17 You know, my property value's went in the

18 toilet. And I'm like a lot of other people here. I

19 don't have a million dollars in the bank. My home is

20 mostly what I have,. And people -- they move in to our

21 community because it's nice, the schools, the area.

22 And now they get this thrown at them.

23 The landfill has no respect for the

24 community. Their bottom line, and let's not kid

25 ourselves, their bottom line is to make a buck. And

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they make a lot of bucks. And they will -- they'll

crush whoever gets in their way because that's all

they're after is to make a profit.

And it's not -- you know, I know we're here

about the odor, but there are other things, too. But

the bottom line is that I can't afford to take a huge

loss in my home because of the odor and that. And it's

there. It's been there for three years now. And I

don't see it stopping. As long as that landfill is

active, it's going to continue.

MS. MCCARRON: Thank you. MaryAnn Fearon.

And if you can state your name and spell it for the

court reporter.

MS. FEARON: MaryAnn Fearon, M-A-R-Y-A-N-N, F

as in frank-E-A-R-O-N. I am here to request that you

do not make any changes in your Administrative Code

3745-15-01, section C and D, that defines air

pollutant, air contaminant and air pollution to include

vapor or odorous substances which interfere with the

comfortable enjoyment of life or property. And also do

not make any changes in OAC 3745-15-07 that prohibits

air pollution nuisances.

I have to give to you petitions that have

been signed from the people in our area, Boliver,

Stark, and also from people who travel to our very

FRALEY, COOPER & ASSOCIATES

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1 historical area for vacations, complaining about the

2 odor that they have suffered and how they do not want

3 the EPA to make changes. Also, we've included letters

4 from the school children of what they have experienced.

5 Thank you.

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MS. MCCARRON: Thank you. Michael Abrams.

MR. ABRAMS: Hello. I'm Michael Abrams,

8 M-I-C-H-A-E-L, A-B-R-A-M-S. I'd like to thank

9 Ms. McCarron and the committee for allowing us to have

10 this time to comment. I feel landfill odors are an

11 environmental issue that affect my quality of life. I

12 feel odor nuisance laws could be stronger or at least

13 remain as currently written. There should be laws that

14 would state no off-premise odors. That would help make

15 them stronger.

16 Countywide Landfill in Stark County .was given

17 a deadline to eliminate odors, and that deadline is

18 past. The landfill odor has not been eliminated and no

19 one can say that there will be no further odors from

20 even newer sections of the landfill. I feel there

21 should be no odors off the premises.

22 The quality of my life is affected by the

23 odors if I smell the landfill while having a cookout,

24 trying to enjoy a cup of coffee on my deck, outside

25 improving my yard or even in the wintertime trying to

FRALEY, COOPER &: ASSOCIATES

(800) 852-6163 (614) 228-0018 (740) 345-8556
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1 make a snowman. The fact that the number of landfill

2 odor complaints has lessened or that the intensity of

3 the odor is lower is no reason to change the rules.

4 The landfill odor is still off of the premises.

5 Any landfill odor that interferes with my

6 quality of life any landfill odor does interfere

7 with my quality of life no matter if the landfill smell

8 is every day, once a month, stronger or of reduced

9 intensity. I sometimes wonder if the EPA is becoming

10 the LPA, the Landfill Protection Agency. I urge the

11 EPA to be an environmental steward to protect my

12 quality of life by keeping and enforcing the odor

13 nuisance laws. Thank you.

14 MS. MCCARRON: Thank you. Thomas O'Dell.

15 MR. O'DELL; My name is Thomas O'Dell, 0

16 apostrophe D-E-L-L. We at this time do not want any

17 language changed in the regulation 3745-15-01 (C) and

18 (D) and 07. If a change is made, it should be made to

19 say that no odor, air pollution, or air contaminant

20 would be allowed to leave the location that has been

21 determined by the EPA or the health department or the

22 air department or the air division of EPA creating the

23 air ambience.

24 We live in Tuscarawas County about a mile and

25 a half from the landfill located in Stark County that

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has been determined an odor nuisance as of

September '06. This is a symptom of a much larger

problem from a past industrial waste deposit in to a

solid waste landfill.

Also, I'm involved with a club called Club

3000, and we're an environmental group that has been in

to Countywide Landfill since 1990. We have an

agreement with them to be able to monitor this

landfill, and if this landfill is to be here at any

future dates, we would like it to be a safe landfill.

What our environmental group has done over the past 15

years is try to get information to not only the

community but to the EPA and the regulatory agencies

about concerns that we have with this landfill.

This odor problem that we do have right now

is a much larger problem. It's a symptom of a much

larger problem. And we're requesting that there would

be no language change unless it would be to increase

the safety of the residents located within this

landfill.

Also, the petitions that were brought down by

MaryAnn Fearon, I believe there was over 1800

signatures of people over just a short few weeks that

had come in to and through our area here, as well as

letters from grade school children. So we're

FRALEY,' COOPER « ASSOCIATES

(800) 852-6163 (614) 228-0018 (740) 345-8556
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1 requesting the EPA to make stringent regulation changes

2 in behalf of the community where we live at. Thank

3 you.

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MS. MCCARRON: Thank you. Dick Harvey.

MR. HARVEY: Dick Harvey, H-A-R-V-E-Y. To

6 start with, I'd like to say that evidently our rules

7 are working because we have a nuisance odor put down by

8 the director right now that shows Countywide is a

9 nuisance, which with this regulation, that would not

10 happen. That would not be effective.

11 So we know that the rules we have now are

12 protecting us. And we don't want to lose that with

13 this new regulation.

14 I want to read a couple things. I want to

15 read vision and mission of Ohio EPA. The vision for

16 Ohio EPA, Ohio EPA is a trusted leader and

17 environmental steward using innovation, quality

18 service, public involvement to ensure a safe and

19 healthy environment for all Ohioians. And that's the

20 vision for the Ohio EPA.

21 The mission work of Ohio EPA is to protect

22 environment and public health by ensuring compliance

23 with environmental laws and demonstrating leadership in

24 environmental stewardship. We believe in this mission

25 and we believe this vision is good. We're asking this

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Ohio EPA to enforce their laws, not change them.

Enforce what they have.

The second thing I have is 3745-15-07. It's

called Air Pollution Nuisance Prohibitants. And it's

item A. Except as provided in paragraph B of this

rule, the emission or escape in to the open air from

any source or sources whatsoever, smoke, ashes, dust,

dirt, grime, acids, fumes, gases, vapors, odors or any

other substances or combination of substances in such

manner or in such amounts as to endanger the health,

safety or welfare of the public, or cause unreasonable

injury or damage to property, is hereby found and

declared to be a public nuisance. It shall be unlawful

for any person to ~ause, permit or maintain any such

public nuisance.

We have a landfill that is a public nuisance.

We're asking the Ohio EPA to enforce this rule. I

looked up the word welfare in Webster dictionary. I

want to read what welfare means. It means exemption

that you're exempted from misfortune, sickness, which

we are getting at this landfill -- from this landfill,

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calamity, or evil, the enjoyment of health and common

blessings of life, prosperity, happiness and

well-being.

We have lost that in our community. We don't

FRALEY, COOPER & ASSOCIATES

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1 have the ability to enjoy our life. We don't have the

2 ability to do that. But this regulation says we have

3 the right to do that. We're asking Ohio EPA not to

4 change anything from 3745-15-01 through 07, to keep

5 them in force.

6 3745-15-01, item C, it's called definitions,

7 what words mean. And it's called -- what these words

8 mean. C,item C, air pollutant or air contaminant.

9 This is what it means. It means particulate matter,

10 dust, fume, gas, mist, smoke, vapor, odor substances or

11 any combination thereof. Item D, air pollution, means

12 the presence in ambient air of one or more air

13 pollutants which I just read or any combination thereof

14 in sufficient quantity and of such characteristics and

15 duration or threatening to be injurious or harmful to

16 human health or welfare, plant or animal or property --

17 and this is the kicker -- or which interferes with the

18 comfortable enjoyment of life or property.

19 Why would anyone want to take that rule out

20 of there? Why would anyone want to take out from you

21 and from I that we're not allowed to enjoy our property

22 and enjoy our premises? That rule has to stay. It

23 cannot be eliminated.

24 Two more items. The Declaration of

25 Independence. We hold these truths to be self-evident,

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that all men are created equal, that you're endowed by

your Creator with certain inalienable rights, that

among these are life, liberty and the pursuit of

happiness.

We're asking the EPA not to take that

declaration from us. We're asking them to uphold it.

We have the right to pursue happiness. We shouldn't be

forced in our house with grandchildren. We shouldn't

have to be forced in our house when we want to get

outside and work in our garden. I can't eat out of my

garden. I can't do that anymore. I have to wash

everything I pick from my garden even though it rained.

The last item I have is the Constitution of

the United States of America. This is what we live.

This is what we live with. We the people of the United

States of America, in order to form a more perfect

union, establish justice, ensure domestic tranquility,

provide for the common defense, promote the general

welfare, and secure the blessings of liberty for

ourselves and our prosperity, to obtain and establish

this constitution of the United States of America. It

has in their general welfare.

This agency has been given power by God

almighty. You are to act in the place of God to what

you're supposed to do on this earth. You have been

FRALEY, COOPER 6< ASSOCIATES

(800) 852-5153 (514) 228-0018 (740) 345-8556
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1 given the right to protect the people and environment.

2 You have no right, you have no right by God, to change

3 that or alter that. You are called by God -- and I

4 love this agency. You know, I like Andrew and I like

5 the others here that I know. I love these people.

6 These people are good people. You're here in the place

7 of God on this earth to do what's right, and we're

8 asking you to uphold that for the citizens of this

9 area. We thank you.

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MS. MCCARRON: Thank you. Linda Harvey.

MS. HARVEY: Pass.

MS. MCCARRON: Okay. Linda Harvey's passed.

13 Kay Harvey?

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17 I--

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MS. HUTH: Did I sign it Kay Harvey?

MS. MCCARRON: Yes.

MS. RUTH: I've been married for 43 years and

MS. MCCARRON: Well, if you can, say your

19 name and spell it for the court reporter.

20 MS. RUTH: Actually, my name is Kay Huth,

21 H-U-T as in train-H. I am here representing Club 3000,

22 citizens of Tuscarawas and Stark County, including our

23 mayor from Boliver. We request that the EPA retain

24 3745-15-01 (C) and (D) and 3745-15-07 (A) as they

25 presently read. However, we ask you to add the

FRALEY, COOPER 6< ASSOCIATES

(800) 852-5153 (514) 228-0018 (740) 345-8555
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1 following: No air pollutant, which includes odor, can

2 leave premises of facility.

3 I would just like to add that we have

4 suffered tremendously in our area. We have reduction

5 in house values. We have people getting sick. We have

6 people vomiting. We have people getting headaches. We

7 have Boy Scouts that used to go out to the dam which is

8 approximately 1 mile from the landfill to do

9 environmental cleanup work. They can't go there

10 anymore. The smell is so bad, their leaders will no

11 longer take them there. We do not need to decrease the

12 rules. We need to increase them stringently. Thank

13 you.

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MS. MCCARRON: Frieda Schott.

MS. SCHOTT: My name is Freida Schott,

16 F-R-E-I-D-A, S-C-H-O-T-T. I'm a resident of Tuscarawas

17 County. I live in Beach City. Prior effective dates

18 for this rule for the air pollution nuisance prohibited

19 are February lS of '72 and May 17th of '82. So your

20 five year rule review doesn't hold in this case. So

21 why is it now nearly 25 years later that the EPA

22 decides that this rule needs to be rewritten or, better

23 yet, termed eliminated, barely six months after this

24 rule had to be implemented at a landfill in Stark

25 county because the noxious odors that are emanating

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1 from the landfill to the surrounding communities

2 endangering their health, safety, welfare and quality

3 of life?

4 You cannot eliminate the wording in paragraph

5 B, the source of the odors not subject to the

6 regulations under Chapter 3745 of the Administrative

7 Code. The aluminum dross that was dumped in to this

8 landfill and is the known cause for this odor, this

9 noxious odor is not considered a solid waste as per the

10 Administrative Code 3745, and, therefore, would fall

11 under the category of "not subject to" in paragraph B.

12 I would also like to know who or what entity

13 requested the wording change or elimination of this

14 that prompted these actions after nearly 25 years.

15 Thank you.

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MS. MCCARRON: Thank you. Bill Ruth.

MR. RUTH: Bill Huth, H-U-T-H. I'm here

18 representing the Lawrence Township Board of Trustees.

19 I have submitted a private response to these rule

20 changes, and I would like to just make a few statements

21 which are part and parcel of the township's position on

22 the proposed rule change.

23 Two aspects of that proposed rule change.

24 One is that if they were to be changed from what they

25 are at present, the situation that we have currently

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where the landfill has been ordered to abate this

nuisance, this odor nuisance, would not have been

possible. In other words, what we know about the odor

coming from the landfill as was mentioned in the

previous speaker's comments is not a substance that

appears to be regulated under solid waste landfill.

Therefore, it would not show up in the permit to

install or the permit to operate.

And, therefore, it's been -- it was in

September of 2006 that I submitted a verified complaint

to the Ohio EPA as an individual private citizen. I'm

sorry, 2004. That's two years ago. And that was based

upon my being denied reasonable enjoyment of my

property. And under the new rules, this would no

longer be possible.· And for that reason alone, there's

justification for not approving these rule changes.

Also, another aspect of the new rules is that

one has to be sick or be able to prove that one is sick

from the odors that would be the causative factor for

your illness. We know, for example, that if a person

doesn't eat, they become malnourished. It takes and it

stands to reason, if a person is forced to smell the

foul smelling stench of rotting municipal garbage over

a prolonged period of time, days, hours, whatever have

you, it will make a person sick. It will make you .'

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1 nauseous, it will make you throw up, it will make you

2 have headaches. It may cause -- for those who have

3 Immuned respiratory conditions, it may cause them

4 asthmatic attacks and so forth.

5 So it's nonsense to say that you have to

6 prove in a medical -- you have to get sick, go to the

7 hospital, before it can be declared a nuisance. Thank

8 you.

9 MS. MCCARRON: Thank you. Brenda Chatden or

10 Charden. Pass? Okay. James Linnen?

11 MR. LINNEN: Thank you. My name is James

12 Linnen, L-I-N-N-E-N. I'm a resident of Boliver, Ohio.

13 And I'm here to request the authority that has been

14 placed upon the EPA to not make changes to their

15 operation, oversight on the laws that are provided to

16 them by our state representatives. Being the EPA

17 doesn't make the law, they just perform, ensure the

18 laws are being conducted.

19 But I feel that the changes that they make,

20 they want to make, are arbitrary and capricious. And I

21 find that the changes they're making are also a

22 conflict of interest to the public and the people of

23 the entire State of Ohio. Because this change is not

24 just going to affect landfills. It's going to change

25 municipal water disposable plants. It's going to

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change farming. It's going to change -- have effects

throughout the state in all industry.

Now, I also find in my opinion, and I find it

somewhat supportive in the changes being made here,

because on the first page in reference to the fact that

could lead to legal challenges, so I am declaring and I

am requesting -- though we're not supposed to request

or ask questions, so I'm going to declare that the EPA

has been approached either by Countywide Landfill or

its legal representatives or landfill association or

any other association representative in their behalf to

make these changes so they could preserve their

entitlements. They can preserve their income, their

earnings. And the EPA is going along with that because

they receive revenue from tipping fees. So they don't

want to lose these revenues. They get their salaries

from these revenues. So it's a conflict of interest.

They operate. They would lose employees if they didn't

have these tipping fees. So it's a conflict of

interest. EPA cannot grow or even be in existence

without these tipping fees. I realize they get fees

from other sources, but, you know

I think you all get the picture here.

There's something under the table that's not right.

And I'm going to bring it out in the air. Somebody is

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1 pushing the EPA. So I'm asking who is it? I want to

2 know the source. I want to know where this originated.

3 And I think the public through the public records has

4 the right to know what. this source is and why.

5 Also, the language that's being used is vague

6 at the most -- or at the least, it's just vague. It's

7 misleading. And I'll give you a few examples here in

8 their own paperwork. As far as the definition of odor,

9 you know, requiring that it be documented or recordable

10 and this and that to cause health or illness, affect

11 our health or illness? It's worked since the first

12 time it was written as law and there is no reason now

13 change it.

14 The definition of odor and its use here.

15 It's written to enable the EPA to ignore the public's

16 concerns and complaints and their well-being. Okay. I

17 already mentioned the legal challenges part of this.

18 And that's because there's already lawsuits in the

19 court systems now in existence that's being challenged,

20 and that's why it's been brought to their attention.

21 There's so much here that's in violation of

22 my rights as a citizen of this United States and the

23 State of Ohio, it's pathetic. There is a limitation on

24 this declaration of what is considered regulated.

25 They're talking about air permit to install particulate

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matter, sulfur dioxide or volatile or organic compound,

regulation, et cetera, et cetera. It was mentioned

that this aluminum dross or black dross would not be

part of that. But that's because they've -- it's a

particulate matter.

Now, what is the definition of particulate

matter that they're using here? Does it include all

industrial waste and matter and chemicals, et cetera,

from. all operations and processes that are being put in

our waste sites, okay? So they're very vague. They're

very vague in the use of the terminology on the

definition.

And it's referred to objectionable odor from

an old or small sewage facility or treatment plant.

What is the definition of old? Who's determining what

the definition of old is here? That's vague. Who's

determining the definition of small? That's vague.

Arid they're going to use it against any fight

to stop a landfill or any other operation in the State

of Ohio throughout the State of Ohio if these·-- if

this is allowed for them to use these type of vague

terms that they -- for them to decide what their

meaning is. And they can change that meaning anytime

they want whenever they feel that they don't want to

pursue or regulate this anymore, if they don't want to

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receive your phone calls.

MS. MCCARRON: You can start wrapping it up.

You're over-time right now, so if you can make a

final --

MR. LINNEN: I think everybody has the idea

here. I thank you very much.

MS. MCCARRON: Thank you. David Altman.

MR. ALTMAN: David Altman from Cincinnati,

Ohio, A-L-T-M-A-N. 15 East State Street, Cincinnati.

I'm giving to the moderator an original copy of our

comments on behalf of a number of groups. Let me go a

little bit beyond what we've said in the written

comments and explain why my office on behalf of a

number of the groups, including CALE and including the

Perrnafix group that's here and including the Sierra

Club and Citizen Action, Teresa Mills, Buckeye Network.

And I think that's it.

One of the reasons we're very concerned about

this -- I've been lurking around the environmental area

since 1969. I was on the first OVersight Committee of

the first Ohio EPA in 1972. Well, I was a graduate

student and a law student. And it wasn't until the

1980s that I started litigating these cases.

But I can tell you that on every air case and

in many waste water cases that I've handled, it's been

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1 my honor to handle on behalf of neighborhoods, whether

2 they're extremely poor or whether they're moderate

3 rich people don't tend to have these people -- the

4 odors that emanate from some source have been the piece

5 of evidence that has broken what are now fairly famous

6 cases in Ohio.

7 Without odor evidence and without the odor

8 rule as we have it, even though the Ohio EPA was not

9 always a lot of help and sometimes were a hindrance,

10 without odors, we would not have orders that are --

11 have solved some of the many problems that we have.

12 And in the case of Permafix and CALE and hopefully

13 Countywide, are on their way to ~olving many others.

14 And people here in Columbus know what this is about.

15 The odor is nothing more than a kind of

16 evidence. Why would you exclude bleeding as evidence

17 of laceration? Why would you exclude a lump in your

18 gut as possible evidence of a tumor? And yet the one

19 consistent evidence I have seen and my people have used

20 over the years has been odor evidence.

21 Now, I can tell you in the public record of

22 the Permafix case, what Ellis Jacobs and I have

23 experienced, that industry tries to turn a simple

24 nuisance case in to a medical case. They say you don't

25 have medical proof that anybody's getting sick. And if

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1 anybody is getting sick, they will try to say, well,

2 how do we know that it's not really some other problem

3 you have?

4 Well, A, if you do have another medical

5 problem and you're having an odor type issue, it tends

6 to be more debilitating, and whatever is carried along

7 with the odor can be a bigger problem for you if you're

8 already sick. But what is being said by our Ohio EPA

9 under Taft EPA is that you're fair game if you live in

10 the area.

11 And I'm not going to repeat the welfare issue

12 because it's been so beautifully put by many of you

13 today. Welfare has been cut out of odor. In other

14 words, what this means is that the fact you can't sit

15 in your front lawn, have a somebody mentioned

16 barbeque. Have a barbeque in your front lawn, that you

17 maybe can't even be outside of the house is okay

18 because somebody, either in the agency in an ivory

19 tower, or out in the field not wanting to have to

20 control these problems, somebody doesn't want you to be

21 able to use your property and quietly enjoy it. They

22 want you to be ill before you can do something.

23 And then your medical records. Your

24 hysterectomy, some issue when you were a young person,

25 your medical records will be what they will want to

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1 see. That is not where we're headed. That's wh~re we

2 are with respect to this.

3 So, anyway, the good news is that in Federal

4 Court, the threat of litigation, we have been able in

5 the Permafix case to recently re-establish that odor

6 nuisance is a valid and viable way to go. And, second

7 of all, these laws are preventive, prophylactic. They

8 are meant to stop harm. They're not meant to be used

9 when people have being zipped in to bags or vomiting on

10 their front lawn and have no other possible condition

11 that could cause it. They are meant to be preventive.

12 That's the other thing this is taking away from you.

13 And then let me say very quickly that when we

14 first started looking at this, thanks to Teresa Mills,

15 and I know she was warned by someone about this corning

16 up, but Teresa Mills -- we missed it somehow even

17 though with have parallels looking at this material.

18 We didn't look at that last clause that several of you

19 have been wise enough to mention about is it regulated.

20 Even if you are dead proving you're sick because of the

21 odor, you have to be able to show because of the

22 conjunctive "and" in this change of the Ohio EPA's

23 making that it's coming from a source that's regulated

24 under this. So that means that even the medical issue,

25 you could lose on, under this version.

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MS. MCCARRON: You can start wrapping up.

MR. ALTMAN: Yes, I will. I appreciate the

time. So remember it's preventive. Remember you

shouldn't have to have a medical issue. And let me say

that it is absolutely crazy to have a problem that you

say people don't know what to do with malfunctions that

last a few minutes? The Taft EPA, they had a great

answer. Give them two to three hours. That way they

don't have to worry about the malfunction that lasts a

few minutes. Every day. Crazy? I would use another

word. Breathtaking.

MS. jVICCARRON: Thank you. Kenneth Garloch.

MR. GARLOCH: My name is Kenneth Garloch,

K-E-N-N-E-T-H, G-A-R-L-O-C-H. I'm a resident of

Newark, Ohio. And I guess my complaint here today, I

think I'm going to be here probably with the rest of

the residents of Newark in about two to three years

because we have an E85 ethanol plant that's currently

proposing wanting to have a permit to build on the

southwest edge of our city and which is directly upwind

from us so that everything from the plant -- and I live

within about 1.5 miles of the plant -- along with two

hospitals, other service care agencies, a large number

of residents, a metropolitan area, and they are going

to be, I'm sure, emitting -- well, I know that they'll

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1 be emitting pollutants. EPA will be handling that.

2 But they also are going to emit an odor.

3 However, this Eas company is a brand new company, which

4 many of them are across the country. And there's no

5 track 'record on them. So you can't go back and look

6 and see what type of work they are doing.

7 They're proposing to the community that we'll

8 have zero odor from this plant. I've gone to the

9 Internet and I have a whole portfolio of comments from

10 people talking about the odors from ethanol plants.

11 And here's one from South Dakota. It's Lake Herman,

12 South Dakota. A person states that the stench from the

13 grain alcohol, when the wind is right, I've smelled the

14 Wentworth ethanol plant from Lake Herman 10 miles away.

15 Others state that these plants have a stench to them

16 that isn't quite like as though you're right next to a

17 hog farm, but right behind that.

18 So I guess I do not want -- and many other

19 people in Newark share these same feelings. However,

20 we're all just getting started iri looking here. And

21 seeing what's been presented today, I think all of your

22 comments today are just right in line and I think that

23 we're probably going to be looking at the same thing

24 from the odors. And if they change their regulations,

25 EPA changes their policy on these regulations to where

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affected from it.

to control that odor.

as needed."

they are not going to do anything unless the odor is

.

of course, you know, we have this big

what we have to look forward to. This is what many

I've been listening and thinking, oh, my gosh, this is

So I'm completely against any change in these

trouble. There's not going to be any way we're going

And we've been having letters to the editor

in the paper and the people that are for this ethanol

plant. Here's one of them. And he finishes his up and

emitting from a harmful particle, we're going to be in

boom on ethanol plants. Why they saw fit to put this

says "the city and the EPA will protect the environment

We can see what '·s happening here, and I guess

and I can see that probably the same thing with the

other people

one right in us -- right up against a city limits and

all these people that are going to be involved in it

landfill and the number of you people that are being

regulations that takes any possible authority. Even if

it's just by policy on a rule. But in looking at these

as, you know,is it regulated and is it this, is it

rules, and I've seen all this great testimony as far

that, and I don't think that we can even chance going

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1 with a change.

2 And this 25 year thing that they haven't

3 looked at it and all of a sudden we're looking at a

4 five year rule change, that's interesting to me.

5 Some of the other areas about personal

6 things, who's actually -- have personal involvements in

7 some of these things that you don't understand. And in

8 the ethanol plants, of course, you have city

9 administrators and others that ethanol plants are going

10 to and saying, hey, we'll let you invest in our

11 property and we don't know what these other conflicts

12 are going to be that people are looking at that we have

13 to deal with in the future.

) 14 So I'm completely against changing any of

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15 these rules on odors. I think that there has to be

16 some way to control odor, and it can't be from a

17 hazardous product or something. If it's an odor, it's

18 a stench odor, and I think like has been testified

19 earlier, and it was just eloquent as far as our

20 rules -- excuse me, our Declaration of Independence and

21 our Constitution and the rights. that we have as people.

22 And we do have these rights, and our state agencies

23 should be looking out for us and they shouldn't be

24 going in and wanting to change a policy on a rule.

25 And I ~ess from working with the state for

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1 35 years and some law enforcement and regulatory areas

2 and that, and I look at policies and rules and things.

3 You have to have that and you have to have the agency .

. 4 Even though there might not be a legislation or a law,

5 if they have a policy that they've been using toward a

6 specific rule, let's continue it if it's been effective

7 in the past. Let's don't change it now for no reason.

8

9

MS. MCCARRON, Ellis Jacobs?

MR. JACOBS, Good afternoon. My name is

10 Ellis Jacobs. I'm from Dayton, Ohio. 333 West 1st

11 Street. I'm an attorney there in Dayton, and I

12 frequently represent community groups that are

13 concerned about industrial facilities that pollute

14 their neighborhood. And what I've noticed over the

15 years -- and some of what I'm going to say will echo

16 what you've heard Mr. Altman already say.

17 What I've noticed over the years is that the

18 first thing that draws people's attention to a

19 problematic industrial facility in these older

20 cities -- Dayton's an older city where I work -- ·is the

21 smell.

22 It's not that -- and the rule change that's

23 being proposed here today in the nuisance section isn't

24 a small rule. It didn't bring the rule in to line with

25 anything. What it does is essentially guts the ability

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1 of the Ohio EPA to address these essential problems

2 that communities are experiencing as a result of

3 industrial facilities. And as we've heard today, as a

4 result of the operations of landfills, as well.

5 And it guts the ability because community

6 people can't prove the things they would need to prove

7 to get you interested in your new version of the rule.

8 The new version of the rule says bring me the bodies

9 and prove that this company caused that problem. And

10 then it goes even further. If says that's not enough

11 to prove that the company caused the problem. Show me

12 that it's the controlled emissions, particular

13 emissions, tell us what chemical caused the problem.

14 Now we're interested.

15 Well, people in these communities don't have

16 the ability to show that their particular problem is

17 caused by emissions. Usually they don't. Or certainly

18 initially when they take an interest in the problem,

19 they don't. And they don't have the ability to show

20 exactly what chemical is causing the problem. They

21 rely upon interesting the Ohio EPA and/or the local air

22 pollution control agencies in these problems to get

23 their help showing exactly what's going on there.

24 Well, if you change your rule, there is no

25 reason why your local air pollution control agencies .

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1 are going to take an interest. In Dayton, we've had

2 some success getting RAPCA, the Regional Air Pollution

3 Control Agency, to take an interest in these sorts of

4 problems under the old rule. RAPCA will go out and

5 they'll do odor monitoring. Odor monitoring. At

6 Permafix, as you'll hear about later today, 70 percent

7 of the time, it smells bad.

8 Well, under the new rule, there is no odor

9 monitoring, is there? There's health effects

10 monitoring. Well, RAPCA isn't set up to do health

11 effects monitoring. They're not going to do it.

12 And so in the instance of Permafix where it

13 went from an odor concern to what is a major concern

14 for the entire community, it would never have happened.

15 And I can give you several other examples. The Dayton

16 Waltha facility resulted in the largest air pollution

17 fine that the ohio EPA ever issued. This was back as

18 of 1990. Same thing. People in the community can tell

19 you it smelled. They couldn't tell you exactly what it

20 was. And they couldn't prove that their health

21 problems were caused by that particular facility.

22 But they sure knew that they couldn't grill

23 out in their backyards. A guy used to tell me, he'd

24 say, well, I used to grill in the garage and then run

25 the steaks in to the house as quickly as I could .

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That's what he knew. And that's what resulted in the

largest air pollution fine that you guys had issued as

of 1990.

But under the new rule, those people would

have just had the right to suffer. So the rule's a

terrible rule. As is the earlier rule 06 which would

allow you to operate as a malfunction for two or three

hours every day, I mean, that's just -- it's

ridiculous.

Now, I think you know people have said where

do these crazy ideas come from? Well, I mean, I think

I don't know. Sometimes, you know, maybe the

agency's bending over backwards to help industry they

think or maybe industry is pushing so hard. But I

would submit that this is the worst kind of help. It's

like saying I'm a financial auditor, and the way I'm

going to help this company is by letting them cook

their books. We'll allow them to hide expenses, see,

because that will help the company_ Wrong. Wrong.

That doesn't help a company. That helps·a company die.

And if you let a company get away with polluting a

neighborhood, you're letting that company pursue baq

business practices. Bad polluters are poorly run

companies.

The future of Ohio and the jobs and economic

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1 development that we need is not going to be built by

2 turning a blind eye to companies that decide to put

3 their costs on the community instead of reinvesting

4 their profit in their own company, their employees and

• •

5 the communities that they're in. This is a step in the

6 wrong direction. I would urge you to reject these

7 rules. Thank you very much.

8

9

MS. MCCARRON, Thank you. Laura Rench.

MS. RE~CH, Hi. My name is Laura Rench,

10 L-A-U-R-A, R-E-N-C-H. I'm a resident of Jefferson

11 Township in Montgomery County, and I live near the

12 Permafix facility of Dayton, ohio. In addressing the

13 proposed changes to OAC 3745-15-07, I would like all of

14 you here today to get a feel for what the neighbors

15 surrounding Permafix of Dayton will be facing if they

16 no longer have the ability to contact Regional Air

17 Pollution Control so RAPCA can help them when they are

18 overwhelmed by the emissions of this company.

19 Permafix isn't just a large hazardous waste

20 facility in the middle of a huge industrial area. It

21 is a facility that sits in a neighborhood primarily

22 composed of poor minorities. But not just that. There

23 is a senior citizen facility, a nursing home and a

24 private elementary school. There is a juvenile rehab

25 center and a place called Calumet Center which provides

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day services to severely handicapped adults. Then

there's Arthur Fisher Park, a place where area

residents are supposed to be able to enjoy the outdoors

without having to breathe industrial air pollutants.

The odorous -- odors and hazardous air

pollutants from Permafix have affected the health of

all these people. Not just occasionally, but for

years.

In July of 2001, Regional Air Pollution

Control declared Permafix a public nuisance after

receiving and verifying hundreds of complaints of

horrible odors coming from the facility. These

complaints have generated enforcement action against

this company that never would have happened if it were

not for the regulation of this agency.

So how can you take away the only source

these citizens have so their voices can be heard?

These people as well as myself have been sickened by

this company's hazardous emissions. Many are elderly

and poor. Under the new rule, I would have to prove

that it is a particular regulated chemical that the

company is emitting that is causing my illness?

Do you think if I went to a local ER, if I

went to Kettering Medical Center, like I did last fall,

and I sat for five and a half hours waiting to be seen

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1 by a doctor, do you think after waiting all that time I

2 came up to the doctor and I said, hey, doc, here's a

3 list of regulated chemicals, I'm really, really sick,

4 are you going to test me for these? Because I need to.

5 I seriously doubt he's going to do it. I seriously

6 doubt he would have any idea what to do with it.

7 I have just a couple more things to say, and

8 it's from -- these are some of the residents, a couple

9 of residents' comments that have lived in this

10 neighborhood for years. Ruth Miller, who lives at 136

11 West End Avenue, is a widow and has rented her house

12 for 13 years. Ruth lives directly across the street

13 from Permafix. She remembers almost to the day that

14 Permafix began operating at the former Clark Oil site.

15 The odors permeated every part of her home.

16 Until recently, the bdor emanated from her drains and

17 toilets. She's enclosed her front porch in a tarp for

18 years in an effort to keep the smell out of her house.

19 She suffers from chronic nose bleeds, nausea, vomiting,

20 rashes, and respiratory problems. Since 2006, she has

21 had five stents placed in her heart. She is a

22 nonsmoker and was in good health until Permafix began

23 operations. She can no longer work at her job at the

24 local Laundromat.

25 Jason and Anita Moore has lived in their

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1 house since 1990. Jason moved in the house in 2002.

2 Anita remembers the first experience she had with

3 Permafix in the summer of 2000. Anita, her mother and

4 daughter were all in the house when they became

5 overwhelmed by a horrible sulfur smell. They were

6 having trouble breathing along with many of the

7 neighbors. They thought this was a gas leak; When the

8 authorities came and checked everything thoroughly,

9 they traced the smell back to Permafix.

10 Anita has suffered from headaches, nose

11 bleeds, rashes, asthma, and anxiety since that time.

12 Jason has recently developed lung problems as soon as

13 he moved in. He is currently taking four different

14 medications and inhalers for breathing difficulties.

15 Their granddaughter, Shayna, who recently moved in with

16 them, has been suffering from headaches and respiratory

17 problems. She did not have these problems before

18 moving.

19 One more. Heather Wood. Heather is a

20 wonderful young woman who lives with her husband and

21 four young children in a rental house for two years

22 that's directly aCrOSS the street from Permafix.

23 Although she was aware of the problems of Permafix,

24 this was the only option they could afford. Heather

25 describes the odor as nail polish remover/ or very

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1 strong hair perm solution, Dr sulfur-like garbage

2 smell. The effects of the smell are headaches, nose

3 bleeds, rashes and nausea. She also has difficulty

4 concentrating and feels a terrible sense of anxiety.

5 Her eight year old son, Alex, was just recently put on

6 a breathing machine. She worries about her younger

7 children because they are often very lethargic and they

8 used to be happy and so rambunctious. She would like

9 to move, but she has nowhere else to go. Thank you.

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MS. MCCARRON: W.G. Bronston?

MS. BRONSTON: Willa Griffin Bronston,

12 resident of the -- State of Ohio taxpayer. Today, I

13 believe it's important to request the OEPA to do more,

14 not less. As Ohio resident, a reduction of the OEPA's

15 continued coverage of air and odors is unacceptable.

16 I'm not just here because the horrible distasteful I

17 odors are intrusive in to my lifestyle. lim not here

18 just because the constant overwhelming obnoxious odors

19 are a nuisance. And they are. I'm here because these

20 odors and air emissions near my home have a huge

21 negative impact on me and my loved ones.

22 We need the OEPA to step up its monitoring

23 and regulation of air emissions from known and unknown

24 violators, not reduce oversight. We need you to

25 protect us from the physical harm as our noses do.

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1 They warn us when something is wrong with our immediate

2 environment. And odors research will say that, how

3 intimately involved our olfactory organ is in helping

4 to protect us to avoid certain situations. Don't ask

5 me to relinquish my right to life, liberty and the

6 pursuit of happiness. I plan to retain that right with

7 the help of the OEPA.

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MS. MCCARRON: Thank you. Mary Johnson?

MS. JOHNSON: Good afternoon. I am Mary

10 Johnson, M-A-R-Y, J-O-H-N-S-O-N, and I live in

11 Jefferson Township. The proposed new rules espoused by

12 the ohio EPA clarifies for me that as a citizen, if I

13 am vulnerable to toxic smelly emissions harmful to my

14 health,the OEPA is not interested in identifying that

15 agent that is so repugnant to the sense of smell and

16 also cause for my health problems?

17 The U.S. EPA was established in 1969 to

18 regulate and control harmful emissions that threaten

19 the health of inhabitants and the environment. Since

20 that time, strong rules were established and then later

21 changed to accommodate industries rather than create a

22 vision whereby both regulators and industry

23 collaborated to improve the lives of people and the

24 communities in which they live.

25 Our quality of life is sliding in to the 19th

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1 century when it was common for air pollution to cause

2 asthma, heart disease, cancer, birth defects and other

3 upper respiratory diseases. It is now obvious with the

4 changes in the rules that quality of life is no longer

5 important. All that matters anymore is the bottom

6 line, money. M-O-N-E-Y.

7 I live in Jefferson Township where there is a

8 company known for violating the Clear Air Act. These

9 new rules would give this company the out it has been

10 seeking. It would now be able to continue to put out

11 foul smelling emissions that rob its neighbors,

12 especially children, pregnant women, elderly people,

13 and the sick, of not only their quality of life, but

14 also their very lives. These emissions awaken people

15 out of a deep sleep at 3:00 a.m. in the morning

16 slamming a salvo of nausea-producing headaches. The

17 emissions are so repulsive that no nearby residents can

18 even entertain guests in their backyards. Windows have

19 to be closed at night to prevent these health robbing

20 odors from stealing our joy.

21 Our community is the first place that local

22 governments select to put their stinking trash from

23 industries and residences. There is a price to be paid

24 for these lopsided practices. Toxic waste in our air,

25 water and soil. Today, we are seeking justice. We

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1 need an advocate to not only care about but to act in

2 the best interests of those who have no voice. By the

3 action taken by the Ohio Environmental Protection

4 Agency, the organization has proven it is no advocate

5 and certainly not protective. It is time for it to

6 change its name or dissolve itself since the mission it

7 was slated 'for is no longer a priority.

8 One last item is the following: Integrity is

9 not just a quality for human beings. It is also a

10 descriptive characteristic for organization. It means

11 being whole, complete, trustworthy, authentic, honest.

12 It is a word -- the organization's word is being its

13 bond. I am asking the OEPA to show its integrity to

14 the citizens who depend on them for protection. Thank

15 you very much.

16 MS. MCCARRON, Debra Gray? Pass? Okay.

17 Teresa Mills?

18 MS. MILLS: T-E-R-E-S-A. My address is P.O.

19 Bo~ 182, Grove City, Ohio, 43123. My~ame is Teresa

20 Mills, and I am the director of the Buckeye

21 Environmental Network. I am also testifying on behalf

22 of Ohioians for Health, Environment and Justice, as

23 well as Ms. Karen Cassidy. Karen could not be here

24 today because she is dealing with chemotherapy due to

25 lung cancer. Karen, if you recall, has been in a long

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1 running battle with Columbus Steel Castings whose odors

2 invade her home and neighborhood on almost a daily

3 basis.

4 A given emission or activity may be in full

5 compliance with government regulations and still

6 constitute a nuisance. For many years, we have

7 assisted citizens around the State of Ohio file

8 verified complaints on odor nuisance. And in every

9 case, we have done so under Section 3745-15-07.

10 Today you are taking away our ability to do

11 that in the future. I guess that is your intent. You

12 claim the purpose -- you claim the proposal is a minor

13 change that reflects the agent's current policy on odor

14 problems. That may very well be the way the agency

15 sees it, but citizens see it quite differently. We, in

16 fact, charge that Ohio EPA has failed to follow the law

17 when dealing with air nuisance. And we also claim the

18 agency is in violation of your own state implementation

19 plans as filed with the United States Environmental

20 Protection Agency.

21 As it states in 3745.01, it is the intent of

22 the General Assembly that the Environmental Protection

23 Agency shall, underline shall, prevent and abate

24 pollution of the environment for the protection and

25 preservation of health, safety, welfare, and property

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them. I've had mothers in the area call me on the

odors. Families in the area at times have had to leave

One of the chemicals that is emitted from

welfare. Please excuse my voice. In the past three

this is what happens when

for enforcement of the right of the people to

environmental quality consistent with human health and

of the people of the State of ohio. And, F, provide

Citizens in the area have complained to the

In the past three years, we have assisted

years, we have assisted

many comm~ities in dealing with asphalt plants. Some

of these plants were proposed and some were already

you deal with odor nuisances.

River just outside the city of Gallipolis. The plant

consists of 200-ton an hour asphalt plant as well ,as

operating. One such plant is locate~along the Ohio

Ohio Environmental Protection Agency for years

storage tanks that store up to 45 million gallons of

asphalt cement.

regarding odor and physical effects the odors have on

children in the background screaming, mommy, mommy, it

these types of facilities is hydrogen sulfide.

telephone to report odors. And I can hear their

their homes because they cannot catch their breath.

hurts, it hurts. And the children are referring to the

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1 Hydrogen sulfide is a suffocant. It has a very low

2 odor threshold, and is also very deadly at low levels

3 in a confined space.

4 One problem we have with the facility is that

5 Ohio EPA keeps telling citizens they're in compliance

6 with their permit. The only reason they're in

7 compliance with their permit is because hydrogen

8 sulfide is not a pollutant that's regulated in the

9 company permits. Over a year ago, citizens were asked

10 for copies of letters from the doctors stating that the

11 odors were causing their health problems. When I was

12 told of this, I challenged the Ohio EPA to show me

13 where in the law that it states that citizens have to

14 show medical information to claim a nuisance. Ohio EPA

15 could not answer that.

16 Knowing that this is at least the fourth

17 time -- fourth time -- Ohio EPA has tried to change the

18 nuisance law, one would have to ask if the agency is

19 working at the behest of a power special interest and

20 not the citizens of the state who you are required to

21 protect.

22 In a recent newspaper article, Mr. Holden

23 Mosley said the odor issue spelled out in a company's

24 air permit would also still be covered. However, as we

25 all know, a company's air permit only refers back to

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the rule.

As part of my comments, I'm including a

document entitled Odor Complaint Investigation

Procedures by the Texas Commission of Environmental

Quality. While not perfect, it is certainly better

than what Ohio EPA does today when dealing with odors

in our community. Ohio needs to strengthen 3745-15-07

and not weaken it.

MS. MCCARRON: Thank you. Rosanna Dell.

MS. DELL: I go by Rosy Dell, but my legal

name is Rosanna, R-O-S-A-N-N-A, Dell like the computer

or farmer, depending upon your technology.

I'm here today -- I'm a resident in Jefferson

Township. I have been a resident in Jefferson Township

since I was five years old. So I'm definitely old

.enough to remember some of the things that have

occurred in our community. I've also been involved in

our community to help with the fight for the VX

hydrolysis. If we had not had some of the protection

rules from the EPA, we would have had a lot of problems

fighting some of those fights.

But I'm here today as a mother whose children

are grown and I'm speaking on behalf of mothers who

couldn't be here today.

Please do not weaken the rules that protect

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us. If anything, please put more teeth in to those

rules so that our state will prosper. Now we have

children leaving not only the local area but the state

because of businesses and they don't have jobs. But

with bad companies coming in, we're not going to have

people to work the jobs that do come in. So I would

ask that you put more teeth in to the rules and not

make us gumless. Don't take that strength away from

the people and from our future generations.

MS. MCCARRON: Thank you. Philip Dell.

MR. DELL: Philip, P-H-I-L-I-P, Dell,

D-E-L-L. I live approximately -- in Jefferson

Township, Montgomery County, suburb of Dayton,

approximately somewhere in the vicinity of 3 to 5 miles

from Permafix. I also work at a large V.A. Medical

Center which is approximately 2 miles from Permafix.

And so the odors have been noted both at the V.A. and

at our home.

I'm a registered nurse. I am concerned about

the health of the veterans who come there to improve

their health. The odors have been pretty heavy there.

I'm not sure most of them are even aware of what it is

or what it's coming from, but it is there.

Oddly enough, the V.A. Medical Center that I

work with, the location was specifically chosen in the

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1800s as a location to promote health because it's in a

higher location, and it was thought at that time that

if they were close to lower levels where the swamps

were; that it would be a bad location for health. And

now it seems like we've come full circle so that the

location is not necessarily conducive to good health

either.

There's a lot -- I'm not a lawyer. I

appreciate the attorneys that were here to speak

because I did try to read the rules, and, honestly, I

became more confused the more I read them. So all I

can tell you about that I'm complaining about is my

understanding of what the rules are saying.

But understanding actually is probably one of

the most important parts, because RAPCA, who is the

entity that we report the odors to, their

interpretation of this is that they would no longer be

taking and following up on the. odor reports. So what

it actually means is irrelevant. If that's what's

going to happen, that's what it effectively means.

Permafix has demonstrated its ability its

proclivity to take basically what they do is treat

toxic chemicals. And they have demonstrated their

interest in treating the most toxic chemicals by making

a very, very active attempt to treat a slightly altered

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1 form of VX, which is the most dangerous chemical on

2 earth known to man. If you're not familiar with that,

3 enough of this substance to cover two of the columns on

4 the Lincoln Memorial on a penny is the amount that is

5 supposed to kill a person. So they were trying to

6 treat gallons of it. And as you have heard testified,

7 their treatment of the chemicals that they already

8 treat is less than responsible.

9 So another thing is that Permafix actually

10 they, I guess, sell their soil to be used in the

11 landfills. So the landfills -- there are three

12 landfills in our area that I can think of right off the

13 top of my head. And so then they want to say, well,

14 the smell you're smelling is probably a landfill smell.

15 Well, maybe it is, but maybe it still came from

16 Permafix.

17 So, you know, then as a nurse, I know that

18 you look at health problems. You know, we don't live

19 in a vacuum. You can't use -- I mean, according to the

20 scientific method, if you want to prove that this came

21 from this, you have to have only one variable. We

22 don't live in a situation where there's only one

23 variable. There's all kinds of variables. Our area is

24 known as Sinus Valley. There's pollen factors. All

25 these things can affect health. So as long as there's

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anything else that enters your life,then you can't

prove that this came from that. And so our health is

affected. We need the odor requirement to be

maintained. Thank you.

MS. MCCARRON: Dona Middaugh.

MS. MIDDAUGH: I'm Dona Middaugh, D-O-N-A,

M-I-D-D-A-U-G-H. I'm an educator. My background is

math and science. I'm from the Canton area in Stark

County. I'm a trustee of the Tuscarawas River Buried

Valley Watershed Council and a trustee for Osnaburg

Township, which includes the Village of East Canton.

I strongly oppose the proposed amendments to

the Ohio Administrative Code 3745-15-07 regarding air

pollution of nuisances. Limiting the definition of an

odor nuisance to endangerment to the health of the

public or injury or damage to property, that's the way

it's worded, will severely reduce the existing nuisance

protections necessary for the public welfare and

safety.

The proposed rule will effectively eliminate

all odor nuisances in the State of Ohio. The Ohio

Revised Code 3704.02 Section (A) (1) states that the

Ohio EPA should, quote, protect and enhance the quality

of the state's air resources so as to promote the

public health, welfare, economic vitality, and

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productive capacity of the people of the state. That's

a quote.

How can the Ohio EPA even consider the

proposed amendments that will violate this requirement?

The Stark County area where I'm from has many sources

of air pollution including several large landfills.

Our residents have experienced major odor problems

around American Landfill, Countywide Landfill, Mount

Eaton Landfill, and several construction and debris

landfills, as well, at fairly dangerous levels. It is

difficult to document and verify an odor nuisance. Our

people should not have to breathe polluted air until

they have developed adverse health problems or their

property becomes damaged.

The ohio EPA needs to start protecting the

people and not protecting the polluters. For example,

Countywide Landfill has a serious odor problem. If the

proposed amendment is approved, Countywide Landfill

will be able to continue polluting the air without any

consideration to the public welfare and safety. The

Ohio EPA is solving the odor problem for Countywide

landfill by changing the rule so the residents can no

longer call it a nuisance?

The existing nuisance protections as

authorized by the Ohio Revised Code 3704.03 Section E

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1 are necessary for public health and safety and should

2 not be limited by the Ohio EPA. The proposed amendment

3 cannot be justified in any legal, scientific or ethical

4 manner. Reject the proposed amendments for the ohio

5 pollution nuisance rule and protect our people.

6

7

MS. MCCARRON, Thank you. Catherine Turcer.

MS. TURCER: My name is Catherine Turcer.

8 It's C-A-T-H-E-R-I-N-E, T-U-R-C-E-R. I'm the

9 legislator to Ohio Citizen Action. We have the state's

10 largest environmental organization. We have 100,000

11 members.

12 Now, something stinks in Ohio. And it's not

13 just the chemical emissions. It's the process by which

"'

) 14 the Taft administration apparently decided to do a

)'

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15 last-minute.favor for its contributors from the

16 chemical, oil and manufacturing sectors by gutting

17 Ohio's nuisance rules. These polluters have long

18 sought ways to avoid environmental enforcements. And

19 these proposed rules represent one of the most brazen

20 moves.

21 Ohio Citizen Action has worked with dozens of

22 communities across the State of Ohio. For many, the

23 first clue that there was a dangerous pollution in

24 their neighborhood was the chemical odor. These odors

25 sometimes present hazards in and of themselves. And,

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of course, sometimes they're just markers of other

dangerous emissions.

The ability for government officials to

enforce nuisance laws regarding odors is critically

important. This isn't just about stopping these odors.

It's about getting at the underlying problems and the

consequences of chemical emissions at these facilities.

Governor Ted Strickland took office just a

few hours ago at midnight. He has not appointed a

director for the Ohio EPA. The caretaker director left

in place by the former governor has held this job for

seven days. Governor Strickland has both the moral and

legal justification to withdraw these ill-advised

proposed rules and start over by listening to everyone

who spoke here today and to really hear what the

residents of our community are saying.

ohio has the highest level of toxic air

pollution in the nation. Citizens and enforcement

agencies need more tools to push companies to prevent

pollution, to protect public health, and the

environment and the economy. If we're going to turn

around Ohio, let's begin by rejecting this lame duck

maneuver to gut environmental enforcement.

MS. MCCARRON: Thank you. Trent Dougherty?

MR. DOUGHERTY: Yes. My name is Trent,

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T-R-E-N-T, Dougherty, D-O-U-G-H-E-R-T-Y. And I am

staff attorney with the Ohio Environmental Council.

And the OEC is a networking and advocacy organization

of about 125 environmental and conservation based

organizations as well as a few thousand individual

members throughout the state. And I just wanted to

drop off our comments on these rules and express our

strong opposition to this rule package, especially the

aforementioned odor based pUblic 'nuisance rule and the

almost laughable malfunction notice requirements.

I'm not going to go too much in to what we've

already put in our comments, written comments, or what

has been obviously much more eloquently said by

attorneys that have been dealing with air law in this

state for decades longer than me and for individuals

that live close to these facilities. I live just north

of Ohio State University campus, so the only odor

nuisance I get is every Saturday in fall, a little bit

of a stale barley and hops. And I don't believe that

they are considered one of the regulated emissions.

Just a couple things I'd like to add. One, I

received a phone call late on Friday about these rules

from some staffers with the Ohio Department of Health

asking, you know, what can we do about this. They had

just learned about this rule package. They did not

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1 receive an intent -- or, excuse me, an interested party

2 letter on this despite the obviously as has been said

3 overwhelming health impacts of this rule. But they

4 gave me this information. I'll let you know this was

5 unsolicited. I just received this phone call. And I

6 just want to give you a little bit of information on

7 what these health impacts are that may not be able to

8 fall under this endangerment of health. You know, just

9 falls shorts of that, like was said before, the bodies

10 coming through.

Ii Even small amounts of bad odor can make

12 individuals feel ill immediately and reduce quality of

13 life. Odors can affect both behavior and physiology,

14 mood, level of alertness, level of anxiety, levels of

15 stress which can manifest themselves physically,

16 causing headaches, nausea, asthma attacks in asthmatics

17 like me, and trigger seizures in epileptics. Melodious

18 emissions can also pose other negative health risks

19 such as depression, increased anger and stress,

20 decrease in physical vigor, elevated blood pressure and

21 compromise the immune system.

22 Like I said, these health impacts were cited

23 to me by the Department of Health. OEe urges the OEPA

24 to forego any adoption of this rule package, or, in the

25 alternative, strike those amendments as cited in our

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written comments and strengthen them in favor of

protecting pUblic health.

This amended rule for the public nuisance is

cited in EPA's rule synopsis as being a clarification.

A clarification would assume that either the way it is

currently written was not the way it was intended or it

was not the way that it has been traditionally

implemented.

As we've heard, this is not the case. We can

cite the mission of the EPA, the ORC codes that govern

the duties of the EPA, as well as the Ohio air

pollution laws, which specify the intent is for both

air pollution and odor based nuisances. Puts on the

same level the effects of odor as well as the effects

of those things that can endanger health.

Also, this has not been the traditional way

the EPA has dealt with this. We have seen currently

landfills in Stark/Tuscarawas, Permafix, Inland

Products, Columbus Steel Castings, these cases that

OEPA has had the initiative to stop some of these odor

emissions would no longer -- would not happen if this

rule was in place. And we strongly oppose this rule . package as a whole.

MS. MCCARRON: Thank you. Ellen Carmichael?

She had to leave? Okay. We have just about three

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1 cards left, just so everybody knows. Mike Jones?

2 Again, if you can state your name, spell it

3 for the court reporter.'

4 MR. JONES: My name is Michael Jones. 312

5 Glenmoore Court. That's Pataskala, Ohio. I am

6 chairman of the Environmental Health and Safety

7 Committee for the Marion Franklin civic Association.

8 I'm also on the board of Ohio Citizen Action. And I'm

9 ,also the son of Roberta Booth, who is the Roberta

10 Booth, et al. versus Georgia Pacific, who sued

11 successfully for a 22 million-dollar settlement with

12 Georgia Pacific. And, of course, the odors were the

13 first thing that alerted everyone there.

14 But I want to speak on my own behalf and not

15 on behalf of those organizations because what I have to

16 say is, with all due respect, I have no respect for the

17 Ohio Environmental Agency. I refuse to say the word

18 "protection" because there is no protection there. I

19 only use it as a reference to those people who are not

20 aware of that just as of yet.

21 What you're witnessing here is a meltdown of

22 a public agency that is crumbling under corruption. We

23 did -- Ohio Citizen Action did a study in 2004 that

24 related to how the agency corrupted the process of

25 trying to undermine protection of the citizens of the

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State of Ohio and the air that we breathe in that that

they formed a committee, I think it was called an Air

Permit Efficiency Committee -- Permit Processing

Efficiency Committee of which those members, 23 of

those members, none of which was a member of an

environmental organization or like most of us here,

residents of a community affected adversely by an

industry.

What we found out was, what the study showed

was, that over a two election cycle, two election

period cycle, that those people who were on that

committee contributed almost $4 million, of which a

million dollars went to Taft's campaign, and a lot went

to public office holders and candidates who are helping

write rules and support rules like this that work

against you.

Folks, one of the lessons that I think the

current governor related to that read in the newspaper

was that he was taught a lesson early on that you

better get politics or politics will get you. And what

happens is so many people fall prey to the propaganda

and the distribution of those twisted messages that get

you in to voting for people who vote against your own

self-interests. Those are things that we have to

arm -- we have to begin to arm ourselves against this ..

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1 manipulative type of language that would say -- that

2 would be a -- that is a sheep in wolf's clothing or a

3 wolf in sheep's clothing? One way or the other.

4 But all in all, folks, what you're seeing and

5 witnessing is a meltdown of a pUblic agency that it's

6 -- the energy from that is coming from flat out

7 corruption, money. The pursuit and love of it. And

8 for those people who are part and parcel that would be

9 what you may call the devil's henchmen, you really

10 ought to if any of you really have any sort of a

11 faith life, you need to really check out Psalms 55

12 beginning with the 20th verse. That section deals with

13 the deceit of friends. And if you're coming at us as

14 supposedly our friends and our protectors, the end that

15 it promises is not very pleasant. You shall live out

16 half your days and you'll be taken down in to the pit.

17 I mean, that's -- I didn't say that. I mean, it's

18 written already for those of you who would deceive us.

19 And may God have mercy on your souls.

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MS. MCCARRON: Patricia Marida.

MR. MARIDA: Hi. I'm Patricia Marida. And

22 I'm here -- I'm in Columbus, Ohio, I'm here

23 representing the Ohio Sierra club. My last name is

24 M-A-R-I-D-A.

25 The Ohio sierra Club has about 20,000 members

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1 in the State of Ohio. We want to say that there is no

2 rationale for weakening the odor nuisance provision.

3 Cause and effect of air emissions on health may take

4 years to occur and document, if that is even possible

5 outside of the evidence of actual emissions.

6 To be consistent with the purpose of these

7 air regulations to protect health, the nuisance

8 provision needs to be strengthened, not weakened.

9 Odor, even non-offensive to some people, can carry with

10 them toxic pollutants or mask pollutants which are'

11 health threatening.

12 Additionally, Ohio has a poor record of

13 initiating enforcement actions even when'there is

14 evidence of adverse health effects and/or property

15 damage. If anything, the language and methodology

16 should be strengthened.

17 We oppose the proposed rules for the

.

18 following reasons: No.1, by encouraging recklessness

19 rather than precaution, the rule fails to protect

20 public health and the environment. Ohio has the

21 highest levels of toxic air emissions in the nation.

22 For Ohioians especially, attention to heavy industrial

23 odors can serve as a warning of exposure to dangerous

24 industrial pollutants.

25 No.2, Ohio EPA's assumption that odor

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nuisances do not generally endanger public health is

not supported by common sense or by science. It is

common sense that just as a gruesome sight can just by

itself introduce vomiting, exposure to overpowering

odors may in and of themselves cause symptoms of

ill-health. Science also does not support the Ohio

EPA's assumption that an odor nuisance not -- quote,

not involving the endangerment to the health of the

people, unquote, is not a public nuisance.

Science has demonstrated that all odor

nuisances have the potential to produce s.ymptoms of

ill-health and to, thereby, endanger the public health.

The human health impacts of nuisance odors are well

documented in scientific literature, and we have

written comments that we will be submitting for

citations of the science behind this.

No.3, Ohio .EPA has specifically exempted

chemical irritants from regulation and previous

rule-making. And in this proposed rule, Ohio EPA

imposes an unreasonable regulatory barrier upon

citizens experiencing physical irritation due to these

known Ohio EPA exempted noxious, odorous, chemical

irritants.

No.4, the proposed odor nuisance rule would

cause ohio EPA to disregard highly toxic non-odorous

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co-pollutants associated with ones that are -- have

odors, co-pollutants whose presence is signaled by an

odorous unregulated pollutant.

No.5, the proposed rule would impose a

regulatory barrier to the protection of public health

and unreasonable regulatory burden upon citizens

affected by nuisance odors. For unregulated pollutants

and those chemical irritants, there is an implicit

requirement that danger to the public health must be

demonstrated by affected persons before an odor

nuisance will be addressed.

No.6, ohio data shows odor density -- excuse

me, odor intensity produces complaints of health

effects. The Hamilton County Department of

Environmental Services responds to public complaints

about environmental problems and records the odor

intensity reported by the complainant and also whether

or not any health effects are required. For 2005, the

most recent year which a complete data set is

available, it is clear that strong and overpowering

odors are associated with increased reporting of health

effects.

So we urge you to withdraw these proposed

rules and propose stronger nuisance rules to fulfill

the purpose of the regulations.

FRALEY; COOPER &; ASSOCIATES

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MS. MCCARRON: Thank you. David Held.

MR. HELD: Thank you. My name is David Held.

3 I represent the executive director for the

4 Stark/Tuscarawas/Wayne Joint Solid Waste Management

5 District. I have a letter that I'd like to read in to

6 the record, and this represents the views of nine

7 commissioners from three of the counties that I just

8 mentioned.

9 These comments are being submitted by the

10 commissioners of the Stark/Tuscarawas/Wayne Joint Solid

11 Waste Management District to strongly oppose the

12 proposed changes to the Ohio Administrative Code

13 3745-15-07 regarding air pollution nuisance.

14 The proposed changes do not merely clarify

15 existing policy as suggested by making a significant

16 change for the worse by diminishing ohio EPA's

17 regulatory authority regarding air pollution nuisance.

18 The Ohio legislature has granted Ohio EPA broad

19 rule-making authority for the prevention or control of

20 odors and air pollution nuisance, Revised Code 3704.03,

21 Section E. Therefore, there is no need to clarify that

22 the scope of the regulations are within existing

23 authority. The current regulations are clearly within

24 the Ohio EPA director's existing authority. The only

25 issue is the extent to which the director wishes to

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exercise that authority.

The current policy defines public nuisance

broadly in accordance with the general principles of

existing Ohio law. The only exception was provided to

clarify that the nuisance rules would not apply to

sources of odors not otherwise regulated. The initial

proposed change and recent proposed change

significantly limit the scope of the definition of

public nuisance by accepting odor nuisance caused

by emissions which are not the subject of limitations

or control requirements.

Moreover, the definition odor nuisance is

limited to one involving endangerment of health or

damage to property; a much more restrictive definition

than previously used. These proposed changes

eviscerate the Ohio EPA's ability to protect the public

from odor nuisance and are contrary to any valid public

policy considerations.

Substantively, there is no justification for

not regulating odor nuisance arising from emissions

which are not subject to specified limitations or

controlled requirements. We can think of no valid

public policy justification for allowing the

maintenance of odor nuisance because they cannot be

traced to specifically regulated emissions.

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Furthermore, the practicalities involved in

determining whether an odor is caused by a

specified emission would render this.regulation

unenforceable or make it subject to uncertain results

in court.

In addition, limiting the definition of odor

nuisance to that which endangers health or damages

property is contrary to long standing principles of

nuisance law and would render regulation largely

ineffective.

EPA officials dealing with the odor nuisance

at the Countywide Landfill in Stark County have

regularly advised us that there is no health danger in

the sense that there are no exceedances of harmful

constituents. Moreover, limiting the concept of

nuisance to damage to property would arguably preclude

regulation where a nuisance interferes with enjoyment

of the use of property, an interest normally protected

under nuisance law.

We are surprised that a limitation of the

scope of odor nuisance regulation would be proposed by

the Ohio EPA given the circumstances now existing at

Countywide Landfill. The proposed changes would

arguably limit or preclude the Ohio EPA'S current

regulatory actions at the Countywide facility. We do

FRALEY, COOPER & ASSOCIATES

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not see how such a step can be justified and,

therefore, strongly oppose the proposed changes and

request 'that the language of the OAC 3745-15-07 be left

as is. And this is signed by the nine commissioners

from Stark, Tuscarawas and Wayne counties. Thank you.

MS. MCCARRON: Thank you. Okay. I am out of

blue cards, so I want to open up the floor. If anybody

else has not gotten an opportunity to submit comments

that would like to, please let me know.

Okay. With that, I just wanted to remind you

that the comment period has been extended through

February 8th, 2006 (sic). And, again, the rules, these

proposed revisions, will be refiled and we will as a

courtesy hold another public hearing before those are

reEled.

Again, contact information for people if you

have questions during the comment period are on the

handout that's at the registration table both for

myself and Mike Ahern. And at this time, the time is

now 3:59 p.m., and we're going to end the hearing.

Thank you everyone for taking the time to attend.

(Whereupon, the proceedings were

concluded at 4:00 p.m.)

FRALEY, COOPER &, ASSOCIATES

(800) 852-6163 (614) 228-0018 (740) 345-8556
71

Amy P. Mayer, RMR, CRR

NOTARY PUBLIC-STATE OF OHIO

I hereby certify that the transcript of the

REP 0 R T E R ' S C E R T I F I CAT E

and accurate transcription of my stenographic notes

proceedings and evidence contained herein are a true

taken by me at the time and place of the within cause;

that the transcription was reduced to printing under my

direction; and that this is a true and correct

transcript of the same.

My Commission Expires: December 22, 2009.

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FRALEY, COOPER & ASSOCIATES

(800) 852-5163 (614) 228-0018 (740) 345-8556
In Re: Ohio Administrative RuIes 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
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In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745·15-04 to 3745-15-09, taken on January 8, 2007

Page 4

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Fraley, Cooper 84 Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

Page 5

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Fraley, Cooper & Associate~ (614) 228-0018 (800) 852-6163 (740) 345-8556
In Re: Obio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

Page 6

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8,2007

Page 7

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken OD January 8, 2007

Page 8

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FIlIley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

Page 9

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10 Re: Ohio AdmirJstrative Rules 3745-15-01, 3745-15-02 and 3745-15·04 to 3745·15-09, taken on January 8, 2007

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In Re: Ohio Administrative Rules 3745-15-01,3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

Page 12

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In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8, 2007

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
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In Re: Ohio Administrative Rules 3745-15-01, 3745-15-02 and 3745-15-04 to 3745-15-09, taken on January 8,2007

Page 14

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Fraley, Cooper & Associates (614) 228-0018 (800) 852-6163 (740) 345-8556
Page I of I

Bob Hodanbosi - DIR Weekly Briefings 03/06/09

From:

To:

Dale:

Subject:

Attachments:

Diane Casteel

Others Weekly; Weekly Briefing Chiefs

3/6/2009 8:40 AM

DIR Weekly Briefings 03/06/09

5WOO.doc; COO.doc; OAPC.doc; DDAGW.doc; DERR.doc; DES.doc; OHWM.dOCj DSW.doc;

ITS.doc; Knipmeyer.doc; NEDO.docj NWDO.dOCj OCAPP.doc; OEE.dOCj OES.doc; OfA.docj

Payton.doc; PILdoc

Weekly Briefings are attached. Have a great weekend!

Diane Casteel, Executive Secretary

giane.r~I@eQf!.mlt!:Jlh,u5... .

Ohio Environmental Protection Agency

Office of the Director

50 W. Town St, Ste. 700

Columbus, OH 43215

(614) 644-2268

(614) 644-3184 (Fax)

file:I/C:\DocumenfS and Settings\Bhodanbo\Local Seflings\Temp\xPGrpWise\49BOE187Ce... 3/6/2009